A. AGREEMENT
These Terms constitute a legally binding agreement between you, whether personally or on behalf of another entity (“you”) and Vmobify (“we”,”us”,”our”, “application”), concerning your access or use of Vmobify applications. You agree that by accessing the applications, you have read, understood, and agree to be bound by all of these Terms of Use. If you don’t agree with all of these terms, then you are expressly prohibited from the applications and you have to discontinue use of it immediately.
Supplemental terms that may be posted on the application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the application after the date such revised Terms are posted.
Notice to consumers:
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Vmobify Apps. The Vmobify apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Vmobify apps if you download or install the Vmobify Apps through such marketplaces.
B. AGE REQUIREMENT
You must be 13 years of age (or 16 in the EEA) or older to install or to use the Vmobify Apps. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Vmobify Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access Vmobify Apps, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use this app or associated features.
C. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of this EULA, Vmobify grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Vmobify Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1. Restricted Use
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Vmobify Apps or use this app for the benefit of any third party. Unless expressly authorized by Vmobify or permitted under the applicable mobile platform terms, you are prohibited from making the Vmobify Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Vmobify, except to remove this app from a mobile device which you own or control. You may not violate or attempt to violate the security of our services.
2. Updates
We reserve the right to add or remove features or functions to existing Vmobify apps. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of this app. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Vmobify apps.
3. Access
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Vmobify Apps. You are solely responsible for any costs you incur to access the Vmobify Apps from your device.
4.Purchases & Cancellation Rights
(A). Subscriptions.
Vmobify Apps offers a monthly, Quarterly, Yearly subscription to access all of its premium features under these subscription plans.
If you subscribed for a Vmobify Apps through a third party mobile platform owner (either through the third party platform or in-app), you may cancel your subscription at any time by following the Apple App Store instructions or via the subscription settings in your iTunes account.
All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but cancel mid-month, your cancellation will be effective as of the end of that month. Sorry– there are no refunds on paid subscriptions once the charge has gone through for the billing period.
5.Automatic Renewal
Paid subscriptions to the Vmobify Apps are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until cancelled by you in accordance with the Cancellation section of this Agreement.
E. INTELLECTUAL PROPERTY
The Vmobify app, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Vmobify Apps are Vmobify’s property. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
F. COPYRIGHT AND CONTENT
1. Copyright/Submissions.
You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the Vmobify Apps. It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
G. TERMINATION
Your rights under this EULA will terminate immediately and automatically without any notice from Vmobify if you fail to comply with any of the terms and conditions of this EULA. You understand that Vmobify, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of Vmobify Apps at any time. You agree that Vmobify shall not be liable to you or any third-party for any termination or disabling of the Vmobify Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Vmobify Apps and destroy all copies in your possession or control.
H. DISCLAIMER OF WARRANTY
To the extent this is permitted by applicable law, Vmobify is provided on an “as is,” “with all faults,” and “as available” basis, and you use them at your sole risk. the entire risk arising out of use or performance of the Vmobify apps remains solely with you.
Vmobify expressly disclaims all warranties relating to products and/or services provided by third party partners.
I. LIMITATION OF LIABILITY
To the extent permitted by applicable laws, you expressly understand and agree that Vmobify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
J. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vmobify, its parents, affiliate and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Vmobify apps, your violation of the eula or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. you agree to immediately notify Vmobify of any unauthorized use of your account or any other breach of security known to you.
K. JURISDICTIONAL AVAILABILITY
Vmobify does not represent or warrant that the Vmobify Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Vmobify Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
L. DISPUTE RESOLUTION AND OTHER MISCELLANEOUS TERMS
Except for members residing within the European Economic Area and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this EULA (including any alleged breach thereof) or the Vmobify Apps shall be BINDING ARBITRATION under the Rules of Arbitration of the International Chamber of Commerce. The number of arbitrators shall be one. The seat, or legal place, of arbitration and the governing law shall be India. The language to be used in the arbitral proceedings shall be English.
By using the Vmobify Apps in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be undertaken through a small claims procedure). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims proceedings) may be commenced only in the courts of Ireland. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VMOBIFY APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
M. HOW TO CONTACT US
If you have any questions about this EULA, please contact us by email or postal mail as follows:
Amol Pomane
E708, Tinsel County, Hinjewadi, 411057
ATTN: Legal Dept.
contact@vmobify.com